A10857 Summary:
| BILL NO | A10857 |
| SAME AS | SAME AS S08035 |
| SPONSOR | Hevesi |
| COSPNSR | |
| MLTSPNSR | |
| Amd §§812, 821, 446, 551, 656, 842 & 1056, Fam Ct Act; amd §§530.12 & 530.11, CP L; amd §§240 & 252, Dom Rel L | |
| Authorizes courts, upon issuance of an order of protection, to order exclusive care, custody, and control of certain companion animals be granted to the petitioner | |
A10857 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 10857 IN ASSEMBLY April 8, 2026 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee on Judiciary AN ACT to amend the family court act, the criminal procedure law, and the domestic relations law, in relation to authorizing courts, upon issuance of an order of protection, to order exclusive care, custody, and control of certain companion animals be granted to the petitioner The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 1 of section 812 of 2 the family court act, as amended by chapter 541 of the laws of 2024, is 3 amended to read as follows: 4 The family court and the criminal courts shall have concurrent juris- 5 diction over any proceeding concerning acts which would constitute 6 disorderly conduct, unlawful dissemination or publication of an intimate 7 image, harassment in the first degree, harassment in the second degree, 8 aggravated harassment in the second degree, sexual misconduct, forcible 9 touching, sexual abuse in the third degree, sexual abuse in the second 10 degree as set forth in subdivision one of section 130.60 of the penal 11 law, stalking in the first degree, stalking in the second degree, stalk- 12 ing in the third degree, stalking in the fourth degree, criminal 13 mischief, menacing in the second degree, menacing in the third degree, 14 reckless endangerment, criminal obstruction of breathing or blood circu- 15 lation, strangulation in the second degree, strangulation in the first 16 degree, assault in the second degree, assault in the third degree, an 17 attempted assault, identity theft in the first degree, identity theft in 18 the second degree, identity theft in the third degree, grand larceny in 19 the fourth degree, grand larceny in the third degree, coercion in the 20 second degree or coercion in the third degree as set forth in subdivi- 21 sions one, two and three of section 135.60 of the penal law between 22 spouses or former spouses, or between parent and child or between 23 members of the same family or household except that if the respondent 24 would not be criminally responsible by reason of age pursuant to section 25 30.00 of the penal law, then the family court shall have exclusive 26 jurisdiction over such proceeding. The family court and the criminal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13066-01-5A. 10857 2 1 courts shall also have concurrent jurisdiction over any proceeding 2 concerning acts which would constitute animal cruelty as set forth in 3 section three hundred fifty-three of the agriculture and markets law, 4 aggravated animal cruelty as set forth in section three hundred fifty- 5 three-a of the agriculture and markets law, or sexual misconduct with an 6 animal as set forth in subdivision four of section 130.20 of the penal 7 law when perpetrated against an animal owned, possessed, or residing 8 with a spouse or former spouse of the respondent, a child of the 9 respondent, or a member of the same family or household as the respond- 10 ent. Notwithstanding a complainant's election to proceed in family 11 court, the criminal court shall not be divested of jurisdiction to hear 12 a family offense proceeding pursuant to this section. In any proceeding 13 pursuant to this article, a court shall not deny an order of protection, 14 or dismiss a petition, solely on the basis that the acts or events 15 alleged are not relatively contemporaneous with the date of the peti- 16 tion, the conclusion of the fact-finding or the conclusion of the dispo- 17 sitional hearing. For purposes of this article, "disorderly conduct" 18 includes disorderly conduct not in a public place. For purposes of this 19 article, "members of the same family or household" shall mean the 20 following: 21 § 2. Paragraph (a) of subdivision 1 of section 821 of the family court 22 act, as amended by section 6 of part NN of chapter 55 of the laws of 23 2018, is amended to read as follows: 24 (a) An allegation that the respondent assaulted or attempted to 25 assault [his or her] such respondent's spouse, or former spouse, parent, 26 child or other member of the same family or household or engaged in 27 disorderly conduct, harassment, sexual misconduct, forcible touching, 28 sexual abuse in the third degree, sexual abuse in the second degree as 29 set forth in subdivision one of section 130.60 of the penal law, stalk- 30 ing, criminal mischief, menacing, reckless endangerment, criminal 31 obstruction of breathing or blood circulation, strangulation, identity 32 theft in the first degree, identity theft in the second degree, identity 33 theft in the third degree, grand larceny in the fourth degree, grand 34 larceny in the third degree, coercion in the second degree or coercion 35 in the third degree as set forth in subdivisions one, two and three of 36 section 135.60 of the penal law, toward any such person, or an allega- 37 tion the respondent perpetrated animal cruelty as set forth in section 38 three hundred fifty-three of the agriculture and markets law, aggravated 39 animal cruelty as set forth in section three hundred fifty-three-a of 40 the agriculture and markets law, or sexual misconduct with an animal as 41 set forth in subdivision four of section 130.20 of the penal law against 42 an animal owned, possessed, or residing with a spouse or former spouse 43 of the respondent, a child of the respondent, or a member of the same 44 family or household as the respondent; 45 § 3. Subparagraph 6 of paragraph (a) of subdivision 1 of 530.12 of the 46 criminal procedure law, as amended by chapter 526 of the laws of 2013, 47 is amended to read as follows: 48 (6) (A) to grant the petitioner the exclusive care, custody, or 49 control of any companion animal owned, possessed, leased, kept, or held 50 by either the petitioner or the respondent or a minor child residing in 51 the residence or household of either the petitioner or the respondent 52 and order the respondent to stay away from the companion animal and 53 forbid the respondent from taking, transferring, encumbering, conceal- 54 ing, harming, or otherwise disposing of the companion animal. 55 (B) to refrain from intentionally injuring or killing, without justi- 56 fication, any companion animal the defendant knows to be owned,A. 10857 3 1 possessed, leased, kept or held by the victim or a minor child residing 2 in the household. 3 [(B)] (C) "Companion animal", as used in this section, shall have the 4 same meaning as in subdivision five of section three hundred fifty of 5 the agriculture and markets law; 6 § 4. Subdivision (h) of section 446 of the family court act, as 7 amended by chapter 526 of the laws of 2013, is amended to read as 8 follows: 9 (h) 1. to grant the petitioner the exclusive care, custody, or control 10 of any companion animal owned, possessed, leased, kept, or held by 11 either the petitioner or the respondent or a minor child residing in the 12 residence or household of either the petitioner or the respondent and 13 order the respondent to stay away from the companion animal and forbid 14 the respondent from taking, transferring, encumbering, concealing, harm- 15 ing, or otherwise disposing of the companion animal. 16 2. to refrain from intentionally injuring or killing, without justi- 17 fication, any companion animal the respondent knows to be owned, 18 possessed, leased, kept or held by the person protected by the order or 19 a minor child residing in such person's household. 20 [2.] 3. "Companion animal", as used in this section, shall have the 21 same meaning as in subdivision five of section three hundred fifty of 22 the agriculture and markets law; 23 § 5. Subdivision (i) of section 551 of the family court act, as 24 amended by chapter 526 of the laws of 2013, is amended to read as 25 follows: 26 (i) 1. to grant the petitioner the exclusive care, custody, or control 27 of any companion animal owned, possessed, leased, kept, or held by 28 either the petitioner or the respondent or a minor child residing in the 29 residence or household of either the petitioner or the respondent and 30 order the respondent to stay away from the companion animal and forbid 31 the respondent from taking, transferring, encumbering, concealing, harm- 32 ing, or otherwise disposing of the companion animal. 33 2. to refrain from intentionally injuring or killing, without justi- 34 fication, any companion animal the respondent knows to be owned, 35 possessed, leased, kept or held by the person protected by the order or 36 a minor child residing in such person's household. 37 [2.] 3. "Companion animal", as used in this section, shall have the 38 same meaning as in subdivision five of section three hundred fifty of 39 the agriculture and markets law; 40 § 6. Subdivision (i) of section 656 of the family court act, as 41 amended by chapter 526 of the laws of 2013, is amended to read as 42 follows: 43 (i) 1. to grant the petitioner the exclusive care, custody, or control 44 of any companion animal owned, possessed, leased, kept, or held by 45 either the petitioner or the respondent or a minor child residing in the 46 residence or household of either the petitioner or the respondent and 47 order the respondent to stay away from the companion animal and forbid 48 the respondent from taking, transferring, encumbering, concealing, harm- 49 ing, or otherwise disposing of the companion animal. 50 2. to refrain from intentionally injuring or killing, without justi- 51 fication, any companion animal the respondent knows to be owned, 52 possessed, leased, kept or held by the petitioner or a minor child 53 residing in the household. 54 [2.] 3. "Companion animal", as used in this section, shall have the 55 same meaning as in subdivision five of section three hundred fifty of 56 the agriculture and markets law;A. 10857 4 1 § 7. Subdivision (i) of section 842 of the family court act, as 2 amended by chapter 335 of the laws of 2019, is amended to read as 3 follows: 4 (i) 1. to grant the petitioner the exclusive care, custody, or control 5 of any companion animal owned, possessed, leased, kept, or held by 6 either the petitioner or the respondent or a minor child residing in the 7 residence or household of either the petitioner or the respondent and 8 order the respondent to stay away from the companion animal and forbid 9 the respondent from taking, transferring, encumbering, concealing, harm- 10 ing, or otherwise disposing of the companion animal. 11 2. to refrain from intentionally injuring or killing, without justi- 12 fication, any companion animal the respondent knows to be owned, 13 possessed, leased, kept or held by the petitioner or a minor child 14 residing in the household. 15 [2.] 3. "Companion animal", as used in this section, shall have the 16 same meaning as in subdivision five of section three hundred fifty of 17 the agriculture and markets law; 18 § 8. Paragraph (g) of subdivision 1 of section 1056 of the family 19 court act, as amended by chapter 526 of the laws of 2013, is amended to 20 read as follows: 21 (g) 1. to grant the petitioner the exclusive care, custody, or control 22 of any companion animal owned, possessed, leased, kept, or held by 23 either the petitioner or the respondent or a minor child residing in the 24 residence or household of either the petitioner or the respondent and 25 order the respondent to stay away from the companion animal and forbid 26 the respondent from taking, transferring, encumbering, concealing, harm- 27 ing, or otherwise disposing of the companion animal. 28 2. to refrain from intentionally injuring or killing, without justi- 29 fication, any companion animal the respondent knows to be owned, 30 possessed, leased, kept or held by the person protected by the order or 31 a minor child residing in such person's household. 32 [2.] 3. "Companion animal", as used in this section, shall have the 33 same meaning as in subdivision five of section three hundred fifty of 34 the agriculture and markets law; 35 § 9. Subparagraph 7 of paragraph a of subdivision 3 of section 240 of 36 the domestic relations law, as amended by chapter 526 of the laws of 37 2013, is amended to read as follows: 38 (7) (i) to grant the petitioner the exclusive care, custody, or 39 control of any companion animal owned, possessed, leased, kept, or held 40 by either the petitioner or the respondent or a minor child residing in 41 the residence or household of either the petitioner or the respondent 42 and order the respondent to stay away from the companion animal and 43 forbid the respondent from taking, transferring, encumbering, conceal- 44 ing, harming, or otherwise disposing of the companion animal. 45 (ii) to refrain from intentionally injuring or killing, without justi- 46 fication, any companion animal the respondent knows to be owned, 47 possessed, leased, kept or held by the person protected by the order or 48 a minor child residing in such person's household. 49 (iii) "Companion animal," as used in this section, shall have the same 50 meaning as in subdivision five of section three hundred fifty of the 51 agriculture and markets law; 52 § 10. Paragraph (g) of subdivision 1 of section 252 of the domestic 53 relations law, as amended by chapter 526 of the laws of 2013, is amended 54 to read as follows: 55 (g) (1) to grant the petitioner the exclusive care, custody, or 56 control of any companion animal owned, possessed, leased, kept, or heldA. 10857 5 1 by either the petitioner or the respondent or a minor child residing in 2 the residence or household of either the petitioner or the respondent 3 and order the respondent to stay away from the companion animal and 4 forbid the respondent from taking, transferring, encumbering, conceal- 5 ing, harming, or otherwise disposing of the companion animal. 6 (2) to refrain from intentionally injuring or killing, without justi- 7 fication, any companion animal the respondent knows to be owned, 8 possessed, leased, kept or held by the person protected by the order or 9 a minor child residing in such person's household. 10 (3) "Companion animal," as used in this section, shall have the same 11 meaning as in subdivision five of section three hundred fifty of the 12 agriculture and markets law; 13 § 11. The opening paragraph of subdivision 1 of section 530.11 of the 14 criminal procedure law, as amended by chapter 541 of the laws of 2024, 15 is amended to read as follows: 16 The family court and the criminal courts shall have concurrent juris- 17 diction over any proceeding concerning acts which would constitute 18 disorderly conduct, unlawful dissemination or publication of an intimate 19 image, harassment in the first degree, harassment in the second degree, 20 aggravated harassment in the second degree, sexual misconduct, forcible 21 touching, sexual abuse in the third degree, sexual abuse in the second 22 degree as set forth in subdivision one of section 130.60 of the penal 23 law, stalking in the first degree, stalking in the second degree, stalk- 24 ing in the third degree, stalking in the fourth degree, criminal 25 mischief, menacing in the second degree, menacing in the third degree, 26 reckless endangerment, strangulation in the first degree, strangulation 27 in the second degree, criminal obstruction of breathing or blood circu- 28 lation, assault in the second degree, assault in the third degree, an 29 attempted assault, identity theft in the first degree, identity theft in 30 the second degree, identity theft in the third degree, grand larceny in 31 the fourth degree, grand larceny in the third degree, coercion in the 32 second degree or coercion in the third degree as set forth in subdivi- 33 sions one, two and three of section 135.60 of the penal law between 34 spouses or former spouses, or between parent and child or between 35 members of the same family or household except that if the respondent 36 would not be criminally responsible by reason of age pursuant to section 37 30.00 of the penal law, then the family court shall have exclusive 38 jurisdiction over such proceeding. The family court and the criminal 39 courts shall also have concurrent jurisdiction over any proceeding 40 concerning acts which would constitute animal cruelty as set forth in 41 section three hundred fifty-three of the agriculture and markets law, 42 aggravated animal cruelty as set forth in section three hundred fifty- 43 three-a of the agriculture and markets law, or sexual misconduct with an 44 animal as set forth in subdivision four of section 130.20 of the penal 45 law when perpetrated against an animal owned, possessed, or residing 46 with a spouse or former spouse of the respondent, a child of the 47 respondent, or a member of the same family or household as the respond- 48 ent. Notwithstanding a complainant's election to proceed in family 49 court, the criminal court shall not be divested of jurisdiction to hear 50 a family offense proceeding pursuant to this section. For purposes of 51 this section, "disorderly conduct" includes disorderly conduct not in a 52 public place. For purposes of this section, "members of the same family 53 or household" with respect to a proceeding in the criminal courts shall 54 mean the following: 55 § 12. This act shall take effect immediately.